When it comes to high profile lawsuits, it's often been the plaintiff's use of social media that makes headlines and wins those ever-important battles in the Court of Public Opinion. Blogs raise awareness of issues that could lead to lucrative litigation, and smart SEO and SEM campaigns can dominate the online conversation. Social media is used recruit potential class action clients. All the while, the target of the litigation — the defender — often stands mute, from a digital perspective. Commonly, the defender will cede control of the Internet’s messaging high ground to adversaries.

But the “no comment” strategy has increasingly been cast aside in an age when instant impressions can cause lasting reputation damage. More and more companies are realizing the benefits of mounting a digital defense when plaintiffs come knocking. As evidenced by the recent lawsuit against Taco Bell — alleging that its “seasoned beef” doesn’t meet USDA requirements for that label — defense messages are starting to compete for attention in the online space. Over the last several weeks, Taco Bell has written a template for digital litigation communications that — while certainly more aggressive than many lawsuits call for — has highlighted a number of best practices that every company playing social media defense should consider.

Use Your Peacetime Wisely

Prior to the lawsuit, Taco Bell already maintained a Facebook Page with nearly 5.7 million fans, a Twitter profile with nearly 80,000 followers, and YouTube channel with videos that have been viewed nearly three million times. Not only did this help to amass an audience that would be receptive to its messages when they mattered most; it also ensured that — as of this morning — only one of the returns on the first page of results for a “Taco Bell” Google search was related to the lawsuit. By building a base of brand advocates and “flooding the zone” with positive content before trouble arose, the company essentially made it more difficult for negative news to break through the clutter.

Establishing such a strong web presence after a lawsuit has come to a company’s attention simply isn’t possible. By using its peacetime wisely, Taco Bell ensured that it was prepared to defend any reputation assault in the venues that its consumers turn to most often for information.

Dominate Search Engines

Immediately after the lawsuit was announced, Taco Bell initiated an SEM campaign that brought web searchers to its side of the story first. These sponsored links have since been taken down as the controversy subsided — a move that limits the lawsuit’s notoriety and articulates the company’s sense that consumers are ready to move on. But among the top organic results for a “Taco Bell meat quality” search is still the “Food Facts” page on Taco Bell’s website, which outlines the company’s commitment to using only the highest quality ingredients and refutes the plaintiffs’ claims.

Clearly, Taco Bell appreciates the role of search engines as de facto gatekeepers of information. The company understood that the first story told is the story that is believed. As a result, the plaintiffs now have to swim against a rising tide of public opinion.

Enlist Your Fans, Followers and Friends

Having already cultivated an army of brand ambassadors in the digital space, Taco Bell enlisted their assistance with an offer of a free taco as a means to test the meat quality themselves. The promotion was the centerpiece of the company’s litigation response on Facebook and Twitter, and further communicated confidence in the company’s position that its meat meets USDA standards. Furthermore — in a move that took a page from the Domino’s crisis playbook – Taco Bell President Greg Creed was featured in a YouTube video (above) entitled “Of Course we Use Real Beef” that has been viewed 170,000 times to date.

The unique and shareable format of the company's messages made them easy for consumers and reporters to digest — pardon the pun.

Tailoring the Taco Bell Template to Meet Your Needs

Perhaps the most important lesson to arise from Taco Bell’s digital response is that every company’s situation is unique and each of the tactics cited above must be carefully considered and cleared with counsel before moving forward.

For smaller companies with more limited consumer appeal, or for those less confident in a courtroom victory, the goal might be to keep the lawsuit as quiet as possible, which would preclude the use of such aggressive tactics altogether. For a company in the professional services realm, platforms such as LinkedIn might be better suited to their needs than Facebook, Twitter, or YouTube. And for companies that can’t publicly articulate the details of a particular case, highlighting other positive aspects of their operations or enlisting third-party supporters would be preferable to Taco Bell’s more direct approach.

To avoid a misstep that could limit your campaign’s reach or even make a tough situation worse, have a clear picture of your brand’s positioning in the digital space and always keep the legal department or general counsel’s office in the loop. The key is striking a delicate balance that best ensures victory in both the courtroom and the Court of Public Opinion — because losses in either venue can be awfully hard to swallow.

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